Also known as: trials by jury · jury trial · jury trials
Written by attorneys · grounded in primary & secondary sources — see below
A procedural right by which factual issues in a case are decided by a jury of laypersons rather than by a judge alone. The right is preserved in suits at common law where the amount in controversy exceeds twenty dollars.
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Tiffany Torres sued Topaz Mining for breach of a supply contract seeking fifty thousand dollars in damages. Because the claim sounded in common law and the amount exceeded twenty dollars, the district court set the matter for trial before a jury of twelve citizens. The jury heard the evidence and returned a verdict on the disputed facts.
Timothy Tang faced felony charges and met with counsel to discuss trial strategy. After consultation, Tang directed his lawyer to waive a jury and proceed to a bench trial. The lawyer followed that instruction as required when the client makes the choice on waiver.
Travis Tate's criminal trial began when the jury was empaneled and sworn. Moments later a government shutdown forced the court to discharge the panel. Because jeopardy had attached at empanelment, the Double Jeopardy Clause barred retrial on the same charges before a new jury.
Tiana Tan sought an injunction to stop a continuing nuisance created by Triumph Manufacturing's emissions. The company argued that factual disputes required a jury trial. The court granted the injunction anyway, holding that the need for jury resolution of facts did not render injunctive relief inappropriate.
Tamara Tan prevailed before a jury on her negligence claim against Titan Industries. After the verdict the defendant moved for a new trial under Rule 59, asserting that the evidence was insufficient. The court evaluated whether any ground that historically supported a new trial at law existed.
Tanya Tang was charged with a serious offense and wished to avoid a jury. She executed a written waiver of her right to trial by jury. With the government's consent and court approval, the case proceeded to a bench trial.
The Seventh Amendment preserves the right in suits at common law where the value in controversy exceeds twenty dollars. Once the amount threshold is met, the parties are entitled to have factual issues resolved by a jury rather than a judge.
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No. Model Rule 1.2(a) requires the lawyer to abide by the client's decision on whether to waive jury trial in a criminal case. The lawyer must consult the client but ultimately follows the client's choice.
…his accusation as a lie. Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with jury trial because a defendant is obviously guilty. This is not what the Sixth Amendment prescribes. B The legacy of Roberts in other courts vindicates the Framers' wisdom in rejecting a…
…middle and high schools . . . affects interstate commerce." App. to Pet. for Cert. 55a. Respondent waived his right to a jury trial. The District Court conducted a bench
…of a defendant to be informed of the nature of the charges against him.[^maj-14] And in two places the Constitution provides for trial by jury,[^maj-15] but nowhere in that document is there any statement that conviction of crime requires proof of guilt beyond a reasonable doubt. The Constitution thus goes into some detail to…
…unless plaintiff presents prima facie evidence at least 30 days before trial to sustain such damages; provide for bifurcated
…occurred was surely insufficient in nature and extent to justify the drastic result dictated by the suppression doctrine. A fair
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Jeopardy attaches when the jury is empaneled and sworn. After that point the defendant is generally protected against retrial for the same offense even if the trial never reaches a verdict.
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No. Under Restatement (Second) of Torts § 933(2), an injunction is not rendered inappropriate merely because factual issues would require trial by jury. The court may still grant injunctive relief after comparing the equities.
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Federal Rule of Civil Procedure 59(a)(1)(A) permits a new trial after a jury verdict for any reason for which a new trial has historically been granted in actions at law. The court evaluates whether the verdict was against the weight of the evidence or other recognized grounds exist.
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Federal Rule of Criminal Procedure 23(a) requires a written waiver by the defendant, consent by the government, and approval by the court. All three conditions must be satisfied before the case may proceed without a jury.
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